Tomb Raider: The Last Revelation + Chronicles
LICENCE AGREEMENT AND LIMITED WARRANTY
IMPORTANT - Please read this Licence Agreement carefully.
This End-User Licence Agreement ("EULA") is a legal agreement between you and Square Enix Limited ("Square Enix" or "we") which governs your use of the computer game software stated above (the "Software Product"), which Software Product includes computer software owned by Square Enix or its third party suppliers/licensors and associated media, materials and other documentation together with any updates to the original game software which are provided to you or which you may download from any Square Enix web site or other source authorised by us expressly for such purpose) including such software required in order to access and/or use any on-line features and functionality which may be associated with such computer game software. The terms and conditions of this EULA are without prejudice to any terms and conditions governing your use of any third party proprietary software product which may be downloaded with this Software Product and which may be required in order to use certain features of this Software Product, which use may be subject to and conditional upon your acceptance and observance of additional third party end user licence agreements.
Copyright and other intellectual property laws and treaties protect this Software Product. The Software Product is licensed, not sold.
WE ARE ONLY PREPARED TO LICENCE YOU TO USE THE SOFTWARE PRODUCT ON THE TERMS OF THIS EULA. PLEASE READ THROUGH THE FOLLOWING LICENCE CONDITIONS.
IF YOU AGREE TO BE BOUND BY THIS LICENCE PLEASE CLICK "I ACCEPT" AT THE END OF THIS EULA AT WHICH POINT THE SOFTWARE PRODUCT WILL BE INSTALLED ONTO YOUR COMPUTER. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA CLICK "NOT ACCEPTED" AND THE SOFTWARE PRODUCT WILL NOT BE INSTALLED ONTO YOUR COMPUTER.
BY INSTALLING THIS SOFTWARE PRODUCT AND/OR OTHERWISE USING ALL OR ANY PART OF THIS SOFTWARE PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS EULA.
1. Technical Support
If you require technical assistance, please refer to any manual accompanying the Software Product or our web site at http://www.eidos.com, or otherwise contact either: The European Technical Support helpline on: 0870 600 0182 OR The North American helpline at 310-846-0345.
You will be responsible for all telephone and connection charges.
IMPORTANT NOTICE CONCERNING PRODUCT ACTIVATION:
Where a CD key or activation code is required to install this Software Product and/or to access any on-line or multiplayer game play, this cannot be reproduced or replaced. It is the responsibility of the original purchaser to keep this CD key or activation code secure. Lost, stolen or damaged CD keys/codes cannot be replaced.
2. Non-Exclusive Licence
For so long as you are in compliance with the provisions of this EULA, you are permitted to:
(a) load the Software Product into and use it on a single computer which is under your custody and control and which meets the specifications referred to in the manual for your own private and domestic use;
(b) transfer the Software Product from one computer to another provided it is used on only one computer at any one time and any computer on which it is used is under your custody and control at the time of use;
(c) transfer the Software Product (complete with all components and documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and you contemporaneously transfer any permitted copies of the Software Product you may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate. Upon such transfer, you undertake to delete this Software Product from your computer and the licence granted to you under this EULA shall automatically and immediately terminate.
2.2 All rights not expressly granted hereunder are, to the extent permitted by law, reserved to Square Enix and its licensors. Your rights of use under this EULA are strictly conditional upon your observance of the terms and conditions contained in this EULA at all times.
3. Restrictions
You are not permitted:
(a) to load the Software Product on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) except as expressly permitted by this EULA and save and to the extent in the circumstances expressly permitted by applicable law, to rent, lease, sub-license, loan, exploit for profit or gain, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software Product or use, reproduce, distribute, translate, broadcast, publicly perform, store in a retrieval system or otherwise deal in the Software Product or any part thereof in any way.
4. Online/multiplayer Features and Functionality
This Software Product may allow services operated by Square Enix and/or its affiliates or third parties authorised on their behalf to be accessed which allow users of the Software Product to enjoy certain on-line or multiplayer features and functionality associated with the Software Product (“Online Features”). These services and Online Features may, however, require payment of additional fees. In addition, access to and use of such services/Online Features and other goods or information made available as part of such services may be subject to completion of a registration process and acceptance of additional terms and conditions including, but not limited to, privacy policies governing the use and processing of personally identifiable information. Importantly, not all purchasers of this Software Product will be able to register or benefit from such services (including Online Features associated with the Software Product). These services and Online Features may not be available in your country, are not guaranteed to be available for any period of time (and may be subject to suspension or withdrawal at any time) and may, for example, be subject to age restrictions. An internet connection will be required to access Online Features. You are responsible for all internet and other connection charges associated with your access to and use of any Online Features.
5. Usage Data
Without prejudice to paragraph 4 above, we may from time to time during your gameplay collect non-personally identifiable information about your hardware system including how you are using the Software Product. This information may also include your internet protocol (I.P.) address (a numeric number assigned by your internet service provider to identify your PC). This information may be used not only to help you play the game on the Software Product over the Internet (where the Software Product contains Online Features) but also to help us better understand how our customers are using the game, their behaviour and preferences, so that we can improve our computer games and services in the future. This information will not, however, be used to personally identify you without you being aware of it and without your further, separate consent having been given.
6. In-Game Advertising
The Software Product may incorporate technology (which may be provided by Square Enix or third party service providers engaged by Square Enix (each a "Dynamic Advertising Provider")) which enables advertising to be uploaded into the Software Product on your PC, and changed while the Software Product is being played on-line. In order that the Dynamic Advertising Provider is able to direct advertising appropriate to your Software Product and geographic region, as well as to the correct location within the computer game, certain non-personally identifiable data and information may be retrieved and retained by the Dynamic Advertising Provider including your I.P. address, geographic location, in-game position, and information concerning the appearance of advertising visible during your gameplay (for example, the length of time an item of advertising was visible, the dimensions of the advertisements). In addition, the Dynamic Advertising Provider may assign a unique identification number which is stored on your PC and which is used to monitor and calculate the number of views of dynamic advertising during gameplay. None of the information collected for this purpose including the identification number can be used to identify you.
The technology employed by Dynamic Advertising Providers may be located outside your country of residence (including outside of the European Union).
Where a Software Product incorporates dynamic advertising technology, the technology which serves the provision of dynamic in-game advertising is integrated within the Software Product. This means that if you do not want to receive dynamic advertising, you should only play the game when you are not connected to the Internet.
7. Termination
Without prejudice to any other rights, Square Enix may terminate this EULA immediately without notice if you fail to comply with the terms and conditions of this EULA. In the event of termination, you must destroy all copies of the Software Product and all of its component parts including any Software Product stored on the hard disk of any computer. All provisions of this EULA relating to disclaimers or warranties, limitations of liability, remedies, or damages and Square Enix’s proprietary rights shall survive termination.
8. Ownership
You only own the media on which the Software Product is recorded. Square Enix and/or its licensors shall at all times retain ownership of the Software Product as recorded on the media and all subsequent copies regardless of form.
9. Limited Warranty and Exclusions
9.1 THE SOFTWARE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE ENIX AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, SQUARE ENIX DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT SQUARE ENIX WILL REPAIR ANY ERRORS IN THE SOFTWARE PRODUCT. SQUARE ENIX FURTHER DOES NOT WARRANT THAT THE SOFTWARE PRODUCT WILL OPERATE ON ALL TYPES OF COMPUTER. REFER TO THE MANUAL FOR MINIMUM TECHNICAL SPECIFICATIONS.
9.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL SQUARE ENIX OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SOFTWARE PRODUCT, EVEN IF SQUARE ENIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION, (A) ANY DAMAGE TO YOUR COMPUTER HARDWARE, DATA OR SOFTWARE or (B) AS A RESULT OF THE FAILURE TO ADHERE TO ANY PRECAUTIONS FOR USE SET OUT IN THE MANUAL) RESIDES WITH YOU.
(B) IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY OF SQUARE ENIX AND ITS LICENSORS UNDER OR IN RELATION TO THIS EULA OR THE USE OR ATTEMPTED USE OF THIS SOFTWARE PRODUCT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT.
9.3 Nothing in this EULA shall limit or exclude Square Enix's liability to you in negligence for death or personal injury, to the extent such exclusion or limitation is unlawful, unenforceable or void under any applicable law.
9.4 Some jurisdictions do not permit the warranty disclaimers or limitations on liability set forth in this paragraph 9. Nothing in this paragraph 9 shall affect those of your statutory rights which are incapable of exclusion or limitation under applicable law. Your statutory rights which may vary from state/jurisdiction to state/jurisdiction.
9.5 You understand that the Software Product may be updated at any time and in doing so no obligation to provide such updates to you pursuant to this EULA or otherwise shall arise.
10. Governing Law
10.1 Subject to paragraph 10.2 below, this EULA and any claim or dispute of whatever nature (including any non-contractual dispute) arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of England whose courts shall have non-exclusive jurisdiction over all disputes arising under or in connection with this EULA, unless and to the extent only that the laws and/or jurisdiction relating to transactions with consumers in a particular jurisdiction require this EULA to be governed by and construed in accordance with the laws of such jurisdiction and/or require any dispute relating to this EULA to be subject to the jurisdiction of a court or other tribunal in such jurisdiction in order for this EULA to be binding and enforceable, in which event the local laws and/or jurisdiction of such jurisdiction shall apply, to the extent so required.
10.2 If you acquired this Software Product in the United States of America this EULA and any claim or dispute of whatever nature arising out of or relating to this EULA shall be governed by, and construed in accordance with, the laws of the State of California, USA and subject to the non-exclusive jurisdiction of the state and federal courts situated in San Francisco, California, USA.
10.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this EULA.
11. Miscellaneous
11.1 If you acquired this Software Product in the United States of America, you will not export or re-export it except as authorised and permitted by the laws and regulations of the United States of America.
11.2 Without prejudice to paragraph 9.4, this EULA constitutes the entire agreement between Square Enix and you with respect to the license and use of the Software Product and supersedes all prior or contemporaneous understandings. No amendment or modification of this EULA will be binding unless made in writing and signed by a duly authorised representative of Square Enix.